Operational Rules

Aims

To facilitate for farmers and producers a direct marketing venue to end user. Allowing consumers to experience what ripe, fresh produce can taste like direct from the farm and at a reasonable price. At the same time making consumers and visitors aware of the day to day issues faced by the farmers.

These Rules have been complied to assist in the smooth operation of the market and quality control.

If you allow others to attend or assist with your stall, you must ensure that they comply with the rules. You are responsible for their acts whilst attending the market site.

We may appoint a market day manager or co-ordinator, and you must comply with his or her directions as if they are from the directors.

Definition

A definition for the meaning of the term "Grower" or "Producer" as used in the United Growers Pty Ltd Stall Holder Agreement includes the following:

- A farmer producing in Australia vegetables, fruits, dairy produce, meat, (for human or animal consumption) or flowers on his/her own land or on land leased by the farmer.

- A person (or business) who makes or manufactures in Australia, value added products from primarily Australian farming industries.

- A person (or business) that's primary activity is in the production of plant materials for the propagation of farm produce in Australia.

Set up, retail & departure times

6.30am – 8.00amVehicles may enter the market area and set up at your allocated site. Parking for your vehicle may be directly behind your allocated site with a no vehicle movement during 8am – 12 noon or alternatively in the main customer parking area as arranged.

8.00am – 12 noonGeneral public access and selling.

12noon –1.30pmPack up and cleaning

- You are not to pack-up before 12 noon, whether or not all your produce has been sold.- You must clean all rubbish from your allocated site prior to departure.- You must have finished packing-up and be off the site by 1.30pm.

Stalls

- Allocation of sites is strictly at United Growers discretion. You may not change your stall site without our approval.- Your farm/business name must be prominently displayed on your stall.- You may not sell goods directly from your vehicle.- You may only sell approved products.

What can I sell

The primary objective of the market is to maintain the GROWER Integrity. This means that all fresh produce you sell should be produced by you. The principal ingredient of all the value-added produce/goods should have been grown by you.

Product range shortfalls/gaps

Where seasonal conditions reduce product lines or where there are no other growers temporally supplying our market with some products, other stallholders are permitted to source product from neighbouring farms to keep a regular supply and variety at the market. There must be prior approval by the board to determine any shortfall. Under no circumstance will produce be accepted that are sourced through the central wholesale market.

Upon a stallholder/grower entering the market selling their own produce, the outsource produce must be deleted from the lines of the outsourcing stallholder, unless determined by the board that the line is not in over-supply.

We reserve the right to verify all produce/goods sold at this market. As part of this process, from time to time the stallholder will be requested to supply a copy of the invoice or other verifiable documentation for the purchase of that product. Upon request the stallholder will have 7 days to produce documentation of purchase. If the documentation is not supplied or is in breach of the approval, the permit for outsourced produce will be withdrawn immediately.

Presentation and packaging

- You must label produce appropriately.- All labelled produce should clearly show your name, the name of your farm and the region it is from.- Perishable produce – such as meat, poultry and dairy produce – must be transported, stored and displayed under refrigeration below 5 οC.- All sealed produce containers must be clearly labelled with the contents, weight, name, address of producers and use by date.- Pre-packed items must clearly indicate representative size and quantity.- We can give you directions to remove from sale any goods with packaging that appears to be deceptive, and you must comply with the directions.- We prefer stallholders to use recyclable or re-usable packaging such as paper, calico or string bags and encourage stallholders to minimise their use of plastic bags and plastic wrapping or containers.

Pricing

The price must be clearly marked on all your produce.

Weights & measuresAll scales must be calibrated and certified by the appropriate authority.

DocumentationIf you are selling produce as organic, the appropriate certificates must be clearly displayed on your stall. You must show any other relevant agricultural certification documents and health and food standard permits and certificates to us if we ask.

Safety

Without limiting your obligations under your stallholder permit, you must take proper care to ensure that your stall and the area around it is safe.

This includes:

- Keeping produce off the ground;- Making sure that your equipment including poles and signs do not obstruct pedestrian and traffic flow;- Keeping your stall and its surrounding area clean, safe and sanitary.- Ensure all sun shades are secured safely in the event of wind disturbance.

Your behaviour

You must behave courteously at all times while at the market.We can give you directions about your behaviour at the market, and you must ensure that these directions are complied with.The market is a 'non smoking' site, and you must not smoke.You must not drink alcoholic beverages at the market.

Cancellation of stall site bookings

Any cancellation/non attendance must be received by telephone on 0419 142 822 by no later than Thursday 5pm prior to the Market booked.Non attendance of booked stalls or cancellation notifications received after that time will incur a fee of $25Notification will not be accepted by telling anyone related to the market other then the co-ordinators on the Saturday prior or by telephone as above.

Insurance

- United Growers Pty Ltd currently holds an overall Public Liability insurance policy for all stall holders.- The cost of this insurance is currently included in the stall fees as stated on your application form. Each year on insurance renewal date, fees will be reviewed and if an increase is required, stall holders will be notified prior to any change.

Money handling

We take no responsibility for money you make during a market. You must make your own arrangements for security of that money.

Terminating this permit

We can terminate this permit, and exclude you from the market:

1. If you breach the terms of the permit in a material way, including by not obeying the Operational Rules or our directions: or2. If we cease to have the right to conduct the market or conduct it at this site; or3. On 1 months written notice to you.

Warranties

Without limiting any other warranty you make to us as a condition of your stallholder permit, you represent and warrant to us that:

1. You own or are fully entitled to sell all the produce/goods you sell at the market, and the produce/goods do not infringe any patent, design or other intellectual property right or interest;2. All produce you sell at the market is of merchantable quality, fit for its intended purpose(s), complies with any contractual and other description or sample, and is free from any defect in materials, workmanship, design or information;3. All produce/goods you sell at the market for human consumption is suitable for human consumption;the descriptions under which you sell the produce at the market, including but not limited to descriptions of standard, quality and place of origin, are not false, misleading or deceptive within the meaning of applicable laws;4. All the produce/goods you sell at the market complies in all respects with all applicable standards, including those set out in food laws and health laws;5. None of the produce/goods you sell at the market has a defect within the meaning of applicable laws;the product information supplied for all the produce/goods you sell at the market is accurate and complete and its content complies with applicable laws;6. Any warranty or guarantee for or with produce/goods you sell at the market complies with applicable laws, and will be fully honoured.

Indemnities

Without limiting any other indemnity included in your stall holders permit, you must indemnify us, and keep us indemnified, in respect of and against any loss, damage, claim, demand, suit, action, proceeding, order or judgment (including any costs incurred), howsoever caused, suffered or sustained by us in connection with your operations at the market and the produce/goods you sell at the market, including but not limited to:

1. Breach of a condition or warranty given by you to us, including a condition or warranty implied und applicable laws;2. The produce/goods you make available from your stall not complying with applicable laws;3. Our being liable as a manufacturer or supplier of goods you sell at the market;4. Any misleading or deceptive conduct, or conduct which is likely to mislead or deceive, any false, misleading, deceptive or representation or statement made by you or by any other person about goods you sell at the market or your participation in the market;5. Any claim for actual or alleged infringement of intellectual property rights or obligations of confidentiality under applicable laws;6. Any breach by you or your stall holder permit or these Operation Rules, including any failure by you to comply with, or ensure compliance with our directions.7. All expenses we incur arising out of any decision, for whatever reason to recall any produce/goods you sell at the market.

Stallholder right to appeal

Where a stallholder feels their stall operation is adversely affected by changes at the market, that stallholder will have the right to put their case to the board in writing for review. The board will consider all matters raised and make a decision for the benefit of the shareholders and the market generally. The board decision will be final.

The farmers market is run on the basis of the Operational Rules, which we may change at any time in our absolute discretion. The current Rules are above and you will be notified of any changes when they may occur.

By applying as a stallholder you agree to comply with and give effect to the Rules.

You agree to be bound by and to comply with this Permit and all Operational Rules.